DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9501-18 Ref: Signature Date Dear This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 27 August 2019. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of the naval record and applicable statutes, regulations, and policies. The Board carefully considered your request to correct your official military personnel file by removing a 6 February 2017 counseling entry. The Board considered your statement and contentions that the counseling entry was issued without proper justification and unsatisfied with the results of the Preliminary Inquiry and lack of evidence, your chain of command chose to issue a counseling entry for fraternization. You also contend that the command incorrectly referenced the regulation for fraternization. At the time of the allegation, you were a sergeant (Sgt) and the other Marine was a corporal (Cpl). Lastly, because of the counseling entry, you received an adverse fitness report. The Board determined that in accordance with the Individual Records Administration Manual (IRAM), the counseling entry is administratively and procedurally correct as written. The Board noted that you received the contested counseling entry for an unduly familiar relationship with a junior enlisted member. The Board noted that a Preliminary Inquiry recommended written counseling’s for both Marines about the implications of unprofessional working relationships. The Board also noted that the Group determined that both members would receive a 6105 counseling entry for engaging in an inappropriate relationship. The Board further noted your rebuttal statement, in which you argue, that at no point in time was this Marine in your direct chain of command, your authority was not undermined, professionalism was maintained at all times in the workplace, and the Marine was in the same peer group. The Board determined that your contention lacks merit. Based upon the Commanding Officer’s determination and in accordance with the IRAM, Commanding Officers are authorized to make entries of events they deem essential to document. In this regard, the Board determined that the Commanding Officer was within his authority to document your misconduct and issue the counseling entry. The Board thus concluded there is no probable material error or injustice warranting corrective action. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.